Terms of Use  

Welcome to the HARVEST Clean website with a homepage located at www.harvestclean.com (the “Website”) and operated by or for TCW Works, a North Carolina limited liability company (“Operator”, “we”, “our”, or “us”). The Website is intended primarily to enable visitors to the Website (“you” or “your”) to view and learn about us and our products. 

1.   Use. Please read these terms of use (the “Agreement”) carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement and wish to be bound by the terms and conditions set forth in the Agreement. If you do not wish to be bound by the Agreement, you are not authorized to use this Website. Additional terms and conditions may apply to certain portions of the Website, and your use of such portions of the Website indicates your agreement to such terms and conditions. Operator reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will provide reasonable notice that a modification to the Agreement has been made (which such notice may be made by, for example, posting a notification on the Website). If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.   You represent that you have the legal authority to enter into this Agreement and to be bound by its terms.  You understand and agree that we provide the Website for promotional purposes only, and that it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of all information appearing on the Website.  We do not warrant that information provided on the Website is complete, current, or error-free.  When using the Website, you agree to comply with all applicable federal, state, and local laws.  Your right to access the Website and any Content (defined below) is conditioned on your continued compliance with all terms of this Agreement.  Furthermore, your limited right to access the Website may be revoked by us at any time for any reason or no reason.

2.   Restrictions.  You agree not to use the Website for any deceptive or fraudulent purpose.  Furthermore, you may not (i) disable, circumvent, or otherwise interfere with security-related features of the Website; (ii) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Website or Content (defined below) or on any copy you make of the Content; (iii) harvest or collect any personally identifiable information from the Website; (iv) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Content (defined below) for any purpose without the express written permission of us, frame the Website or Content except to the extent we have given you explicit permission to do so, or use any of our trademarks as meta tags; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) use network-monitoring software to determine architecture of or extract usage data from the Website; (vii) decompile, reverse engineer, disassemble, modify or attempt to discover any Website source or object code or any software or other products, services or processes accessible through any portion of the Website; or (viii) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website or that violates this Agreement or any additional terms posted by us on the Website.

3.   Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Operator, its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited, however, you may view and print one (1) copy of any Content or portion thereof contained on the Website for your personal, non-commercial use only. If you use material appearing on the Website contrary as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.

4.   Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Operator or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. 

5.   Links and Third Party Services. Operator and/or third parties may provide links to other websites and services of possible interest to you. Because we have no control over such websites and services, you acknowledge and agree that we are not responsible for the delivery, security, or availability of such websites and services and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites and services. You assume sole responsibility for your use of third-party links, websites, products, and services.  All such websites shall be subject to the terms, policies and procedures of the owner of such websites.  You should review the terms and policies of the third parties with whom you interact before submitting any information to them.  

6.   DISCLAIMER OF WARRANTIES. 

1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OPERATOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 
     6.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. OPERATOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. 

7.   LIMITATION OF LIABILITY.

   7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPERATOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. OPERATOR’S AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO US IN THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE (OR, IF WE CHOOSE, TO SUPPLY YOU WITH ACCESS AND USE OF THE WEBSITE AGAIN). 


     7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7  HEREOF MAY NOT APPLY TO YOU.
The Website is controlled and operated from facilities in the United States. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

8.   Indemnification. You agree to indemnify, defend and hold Operator and any of its affiliates, and their employees, directors, members, officers, agents, and third party licensors, harmless from any claim, loss, expense or demand, including without limitation reasonable attorneys’ fees, arising from claim(s) due to or arising out of  (i) your actual or alleged breach of this Agreement, (ii) your actual or alleged violation of any law or the rights of a third party, (iii) your access, use or misuse of the Website, and/or (iv) your acts or omissions. 

9.   Commercial Use. Aside from requesting information about our business, you acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors. 

10.   Privacy. Operator is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found at the following URL: www.harvestclean.com/privacy-policy.  You hereby consent to the information practices described in our Privacy Policy in all respects.

11.   Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

12.   General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Operator, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties. 

13.   Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at info@

Privacy Policy

TCW Works LLC (“we”, “our”, or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive via our website with a homepage available at http://www.harvestclean.com (the “Website”). We may update or change this Privacy Policy from time to time and without prior notice to you. We will post a prominent notice on this web page to notify you of any significant changes to our Privacy Policy and indicate at the top of the notice when it was most recently updated. Your use of the Website following any such notice will signify and constitute your assent to and acceptance of such revised Privacy Policy.  
This Privacy Policy does not apply to the products or services of any third parties, even if their products or services are linked to, embedded within, or advertised on, our Website.  We recommend that you review the privacy statements of the other parties with whom you interact, including third party social networking services linked to the Website, prior to interacting with those services.

1. Information Collection and Use

When you interact with us, such as by submitting information to us via the Website, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or uniquely identify you ("Personal Information").  Personal Information includes your e-mail address.   We may also collect other information that does not personally identify you ("Non-Identifying Information") when you use the Website.

We may use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide and improve our Website, to communicate with users of our Website, to enable users of the Website to enjoy and easily navigate the Website, to help us to develop, deliver, support, and improve the Website (and our other products, services, content, and advertising), and for our internal purposes (such as data analysis).  We may also use your Personal Information in other ways naturally associated with the circumstances in which you provided the information.  We may use Non-Identifying Information for any purpose.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other visitors or sources to attempt to provide you with a better experience, to improve the quality and value of the Website and to analyze and understand how our Website is used. We may also use the combined information without aggregating it to serve you specifically.

Log Data 

When you visit the Website, our servers (or servers controlled by our third party service providers) may automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. If Log Data is collected, we may use this information for any purpose including, without limitation, to monitor and analyze use of the Website and for the Website's technical administration, to increase our Website's functionality and user-friendliness, and to better tailor the Website to our visitors' needs. We do not treat Log Data as Personal Information.

Cookies

Like many online services, we and our third party service providers may use "cookies" to collect information. A cookie is a small data file that we or a third party may transfer to your computer's hard disk for record-keeping purposes. We or a third party may use cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by visitors and web traffic routing on the Website. Third parties providing content on the Website may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the Websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the Website.

2. Information Sharing and Disclosure

Except as noted in this Privacy Policy or with your consent, we do not sell or share your Personal Information.  Non-Identifying Information may be provided to other parties

Our Service Providers

We may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, software maintenance services, database management, web analytics and other services). These third parties may have access to your Personal Information.  If they do, this access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your Personal Information, except to the extent required by law.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of us, our affiliates or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Data Transfer

Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Such export is a requirement of providing your information to us, and you hereby consent to such export.

Business Transfers

We may sell, transfer or otherwise disclose some or all of our assets, including your Personal Information, in connection with a merger, acquisition, financing, reorganization or sale of assets or in the event of bankruptcy.

3. General.

Changing or Deleting Your Information

If you would like us to change or delete your Personal Information in our system (if any), please contact us and we will attempt to accommodate your request if we do not have any legal obligation or legitimate business reason to retain the Personal Information. See below for contact information. Please note we may retain server/backup copies of all such data and that we may decline to process change or deletion requests that we deem to be unreasonable, or require disproportionate technical effort, or jeopardize the privacy of others.

Security

We employ administrative, physical and electronic measures designed to protect Personal Information from unauthorized access.  Please be advised, however, that while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information

Our Policy Toward Children

We do not knowingly collect personally identifiable information from children under 13 via our Website, and do not target our Website to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.